Rowan v. Kemery, 2011 Ohio 2307

Married in 2006 in Licking County; one child C.K.
Nov. 6, 2009, appellee filed for divorce; August 2010 contempt motions filed by both sides
Bench trial held August 20, 2010 on divorce and contempt issues
October 20, 2010 decree: custody to appellee; child support of $718.05; no spousal support
Appellant appealed with twelve assignments of error; court affirmed the decree on all challenged aspects
Property division included marital residence and assorted personal property; dogs/veterinarian bill addressed

Issue	Plaintiff's Argument	Defendant's Argument	Held
Custody/residential parent designation standard	Kemery argues error in designating appellee as residential parent	Rowan argues better interests require different designation	No abuse of discretion; designation upheld
Child support calculation	Kemery contends income deemed too high and support miscalculated	Rowan asserts court properly used available income data	No abuse of discretion; support calculation affirmed
Division of property and specific items (pets, appliances, vehicle)	Kemery seeks equal division of pets; requests vet bill sharing	Rowan defers to court’s overall distribution; no error in awards	No abuse of discretion; property division affirmed
Attorney fees award	Kemery argues fee amount or basis inadequate	Rowan contends award supported by conduct and contempt history	No abuse of discretion; $3,500 affirmed
Contempt motion and notice	Kemery contends contempt motion should have been heard	Rowan contends proper notice and service lacking; trial court not wrong	No abuse of discretion; contempt hearing timing proper

Booth v. Booth, 44 Ohio St.3d 142 (1989) (abuse-of-discretion standard governs child support appeals)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard in domestic relations matters)
Berish v. Berish, 69 Ohio St.2d 318 (1982) (trial court’s discretion in marriage dissolution matters)